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· 1/11/1989

Home Gas Corp. of Massachusetts, Inc. v. Walter's of Hadley, Inc.

Citations

  • 532 N.E.2d 681
  • 403 Mass. 772
  • 1989 Mass. LEXIS 17

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding “no waiver” clause did not prevent finding of waiver by litigation conduct
  • holding “no waiver” clause did not prevent finding of waiver by [24] [25] [26] The party asserting waiver bears a heavy litigation conduct
  • holding that party waived arbitration as a result
  • rejecting argument that antiwaiver clause in contract “precludes waiver” where party asserting right to arbitration had extensively participated in judicial proceedings
  • finding waiver of contractual right to seek arbitration where party failed to assert it prior to litigation
  • listing factors which court should consider in determining whether arbitration has been waived

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Liacos, Abrams, O'Connor

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.